BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Wang Tieya
Judge Rafael Nieto-Navia

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
4 May 1999

THE PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

________________________________________________

DECISION ON THE APPLICATION OF DRAGO JOSIPOVIC FOR LEAVE TO APPEAL THE ORAL DECISION OF TRIAL CHAMBER II OF 5 MARCH 1999

_________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic, for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

This Bench of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal");

NOTING the "Request of the Defence Counsel for Drago Joispovic SsicC for the Leave to Appeal Against the Oral Decision of the Trial Chamber Dated 5 March 1999" filed on 12 March 1999, as supplemented by "Defence Counsel’s SsicC for Drago Josipovic brief filed in response to a Bench of the Appeals Chamber" filed on 6 April 1999 (together "the Application");

NOTING ALSO "the Appeal Against the Oral Decision of the Trial Chamber Dated 5 March 1999 of the Defence Counsel for Drago Joispovic SsicC", filed on 15 March 1999;

NOTING that Counsel for the accused Drago Josipovic ("the Defence") in the Application seeks leave to appeal against an oral decision of Trial Chamber II of 5 March 1999, in which the Trial Chamber denied a Defence motion for an order directing the Office of the Prosecutor ("the Prosecution") to disclose to the Defence certain material and information relating to a person who previously had given evidence in the case as a protected witness under the pseudonym "Witness DD";

NOTING that the Trial Chamber prior to its oral ruling had reviewed the relevant material in camera in terms of Sub-rule 66(C) of the Rules of Procedure and Evidence of the International Tribunal ("the Rules");

FURTHER NOTING the affirmation of the above-mentioned oral decision in a subsequent written decision by the Trial Chamber II issued on 16 March 1999, in which the Trial Chamber held that the material in question did not contain any exculpatory evidence within the meaning of Rule 68 of the Rules and that the Prosecution was under no obligation to disclose the said material;

NOTING that leave to appeal is being sought pursuant to Sub-rule 73(B) of the Rules, which provides as follows:

"Decisions on such motions are without interlocutory appeal save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave

(i) if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal; or

(ii) if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally";

FINDING that the decision not to order the Prosecution to disclose to the Defence the material in question cannot cause such prejudice to the case of the Defence as could not be cured by the final disposition of the trial including post-judgement appeal;

AND FINDING that the issue in the proposed appeal is not of general importance to the proceedings before the International Tribunal or in international law generally;

HEREBY DECIDES, unanimously, to refuse to grant the application for leave to appeal.

 

Done in both English and French, the English text being authoritative.

______________________________

Judge Lal Chand Vohrah
Presiding

Dated this fourth day of May 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]